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The Status of Western Sahara As a Non-Self-Governing Territory

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The Status of Western Sahara As a Non-Self-Governing Territory General Assembly 4 Rahman Fakhry and Nicol Konstantaropoulou Research Report The Question of: The status of Western Sahara as a non-self-governing territory Research Report Leiden Model United Nations 2018 ~ fresh ideas, new solutions ~ Introduction Western Sahara is a sparsely-populated area of mostly desert situated on the northwest coast of Africa. It is composed of the geographic regions of Río de Oro (“River of Gold”). It used to be a former Spanish colony, but in 1976 when the Spanish troops left the territory, instead of gaining independence Western Sahara was annexed by Morocco. Morocco’s invasion forced thousands of refugees into the Algerian desert. Since then Western Sahara has been the subject of a long-running territorial dispute. According to the EU Foreign Policy Chief, Federica Mogherini, “Western Sahara status remains that of a non-self-governing territory. According to the United Nation’s documents Western Sahara has been on the United Nations list of Non-Self Governing Territories since 1963. Morocco claims Western Sahara on the grounds that a few Sahrawi tribes once pledged their allegiance to the Sultan of Morocco. Although the ICJ recognizes legal ties between Morocco and some Sahrawi tribes they concluded that there was no tie of territorial sovereignty between Western Sahara and Morocco and that the people of Western Sahara have the right to self-determination. The Committee The General Assembly 4 (GA4) is one of the three GAs of LEMUN 2018. General Assembly 4’s issues mainly revolve around special political situations as well as decolonization. This implies, for instance, issues about territory. The GA4 is a “normal” committee. This means that all delegates will have to prepare resolutions, which we will entertain as a whole at once. In order to put your own resolution on the agenda, you have to reach the number of eight co-submitters, who also want it to be talked about, but are not necessarily in favor of it. These will all have to sign a form, which can be handed in at the chair's desk. If the chairs have received this form, they will send the resolution to the Approval Panel, and if it approves the resolution is likely to be debated upon if time allows us. In general, the General Assembly’s member states have equal representation: every single nation has one vote. Matters are decided by a simple majority. Functions and powers of the General Assembly include: • To discuss any question relating to international peace and security • To make recommendations for the peaceful settlement of any situation which might harm the friendly relations among nations 2 Research Report Leiden Model United Nations 2018 ~ fresh ideas, new solutions ~ • To request studies and make recommendations to promote international cooperation, the development of international law, the protection of human rights, and international collaboration on economic, social, cultural, educational and health issues A peculiarity that is special for all General Assemblies is our participation in the Plenary Session. This is a session on the last day of the conference where all General Assemblies will assemble in the main hall to discuss one resolution from each General Assembly. We ourselves will also be agreeing upon one passed resolution in General Assembly 4 to have discussed at this Plenary Session. Amendments are not anymore permitted though, but one can speak in favor of or against the resolution as a whole, and the main submitter gets the floor with the starting and ending of the debate. Key Terms Polisario Front A politico-military organization striving to end Moroccan control of the former Spanish territory of Western Sahara and win independence for that region Saharan Arab Democratic Republic (SADR) A self-declared state claiming authority over the disputed territory of Western Sahara, which is presently occupied by Morocco, declared by the Polisario Front (one day after Spanish withdrawal in 1976) Green March King Hassan, after a UN mission had reported that the majority of Sharans wanted independence and had recommended self-determination for the region, he responded with the “Green March” in which approximately 200.000 volunteers were sent unarmed across the border to claim Spanish Sahara Madrid Accords A treaty between Spain, Morocco and Mauritania aiming to end the Spanish presence in the territory of the Spanish Sahara Referendum A vote in which all people in a country or an area are asked to give their opinion about or decide an important political or social question Sovereignty The power of a country to control its own government, and to make its own decisions, without any interference from outside sources or bodies. Exile The condition of someone being sent or kept away from their own country, village, etc., especially for political reasons 3 Research Report Leiden Model United Nations 2018 ~ fresh ideas, new solutions ~ General Overview What is happening today Western Sahara is claimed by two different parties. On the one hand, it is claimed by Morocco, as an integral part of its country-the Southern Provinces. On the other hand, Western Sahara is claimed by the Polisario Front, a rebel national liberation movement, fighting for the independence of Western Sahara, as the Sahrawi Arab Democratic Republic. About 85% of the region of Western Sahara is controlled and administered by Morocco, including all of the coastline and natural resources in the area. The rest of the area is controlled by the Polisario Front exiled in Algeria. Morocco built walls through Western Sahara to split the Morrocan controlled area, from the so-called “Free-Zone”, or “Liberated Territories” controlled by the Polisario Front and in order to stop Polisario fighters coming into the country. The history of the dispute Before the colonization Western Sahara’s modern history is connected to some nomadic groups, including the Sahara group and the introduction of Islam. Islam arrived in the 8th century AD between the Berber* population who inhabited the western part of the Sahara. Later on, in the time of the Almoravids, also known as mujahideen began to form tribes based on their specific occupations. This development was accelerated by the arrival of Maqil Arab tribes. In the 13th and 14th century, these tribes migrated westwards along the Sahara's northern border to settle in the Fezzan (Libya), Ifriqiya (Tunisia), Tlemcen(Algeria), Jebel Saghro (Morocco), and Saguia el- Hamra (Western Sahara). After the fall of the Almoravid empire in 1147, the new empires (Almohads, Merinids, and Wattasids) retained sovereignty over the western part *Berbers or Amazighs are an ethnic group indigenous to North Africa, primarily inhabiting Algeria, northern Mali, Mauritania, Morocco, northern Niger, Tunisia, Libya, and a part of western Egypt. of the Sahara but the effectiveness of it depended largely on the sultan that ruled. Western Sahara’s history continues with the Moroccan dynasty (the Alaouite Dyna0sty) which came to power in 1659 and appears to have continued exercise of sovereignty over modern Western Sahara. After the colonization Later on, during the 19th century, the Western European powers began to colonize the African continent and the colonization of Africa was regulated. While the major colonizers were England and France, Western Sahara was given to Spain, which was known as Spanish Sahara. Fast forward to 1945 and the end of the World War II, as well as the creation of the United Nations, by the victors of the war. The UN was set up to maintain international peace and promote the human race. Of course, colonization is contradictory to this, which is why the UN is fundamentally against colonialism. Throughout the 1960’s, the UN made an effort to decolonize the African continent by adopting the Declaration on the Granting of Independence to Colonial Countries and Peoples, which recognized that “All peoples have the right to self-determination…” and urged colonial powers to transfer power to the natives of their colonies. By 1980, the entire African continent had been decolonized, except for Western Sahara. 4 Research Report Leiden Model United Nations 2018 ~ fresh ideas, new solutions ~ The conflict begins But going back to 1956, immediately after gaining its own independence, we see that Morocco claimed that Spanish Sahara was part of the pre-colonial Morocco and they were the rightful owners of the land. Just one year later, Mauritania made similar claims and believed that Spanish Sahara was theirs. In 1973, the Polisario Front was established to end the Spanish colonial rule in Western Sahara and to fight for the independence of the indigenous Sahrawi people. At this point, the region was now claimed by 4 different parties: Spain, Morocco, Mauritania and the Polisario Front. Polisario troops, with backing from Algeria, engaged the Spanish forces in guerrilla warfare. At this point though, Spain was already under heavy pressure from the UN to decolonize Spanish Sahara. So Spain was unwilling to get involved in any war over the land that they were going to have to give up the land anyway. Spain agreed to hold a referendum in order to decide for the solution of the situation in Western Sahara. The Sahrawi people had to decide between three scenarios: the Independence as the Sahrawi Arab Democratic Republic (SADR), the Integration with the Kingdom of Morocco, or the Integration with the Islamic Republic of Mauritania. Morocco requested the referendum to be postponed, calling for a hearing from the International Court of Justice, regarding Moroccan sovereignty over Western Sahara. The referendum was successfully postponed. The UN organized a visiting mission and a day after the mission, the ICJ published its advisory opinion regarding Western Sahara. The Court acknowledged that both Morocco and Mauritania had historical ties to the region, but nothing that would imply any legal sovereignty.
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